Q1.Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics?(CSE Mains 2016)GS-II 2016
The 69th Constitutional Amendment Act, 1991 provided special status for Delhi by incorporating article 239 AA and 239 AB by providing for legislative assembly and and Council of Ministers. It made the following changes,
Before 69th Constitutional Amendment Act
|
After 69th Constitutional Amendment Act
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Administrator
| Lieutenant governor |
Union Territory
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National capital Region of Delhi
|
Metropolitan Council and executive Council
|
Chief Minister and Council of Ministers
|
The amendment does not provide Delhi with the recognition of a full fledged state. Delhi government can legislate on all items of the state list and concurrent list except public order, police, and land. The centre has jurisdiction over this crucial subjects. Delhi and Puducherry are called as union territories with assemblies. Some scholars have even called them as half States.
It was rationalized that the special arrangement was necessary because of the significance of Delhi, it housing the Parliament and foreign embassies and missions.
The CM of Delhi and its Council of Ministers are appointed by president. Lt Governor has been provided with discretionary powers higher than that in comparison to Governors in States. This arrangement have led to conflict whenever opposition parties at power in Center and the union territory respectively.
In Delhi's case, the Lt.Governor has been accused of meddling with Delhi government at the behest of Central Government.Delhi's elected representatives have sought greater autonomy and full fledged state status. They have accused the centre of going not allowing the realisation of People's mandate. Some have pointed out that it is a clash of personalities and not that of constitutional provisions.
The constitution makers incorporated Federal provisions not only to facilitate the governance of India but also to accommodate diversity. The governments ought to come together in the spirit of cooperative federalism and give priority to the welfare of people and governance. The aim should be to deepen democracy and provide for people centric governance.
It would be too early to expect a new trend In federal politics. In India, federal provisions have strengthened with time. The evolution of coalition politics has increased political assertion. With the passage of Goods and Service Tax , a step seen as pooling of sovereignty in taxation, the centre shouldn't behave as a Bully but as a facilitator and an enabler to enhance federalism.
